KIRI INDUSTRIES LIMITED v SENDA INTERNATIONAL CAPITAL LIMITED & Anor

[2024] SGHC(I) 15 Singapore International Commercial Court 28 May 2024 • SIC/S 4/2017 ( SIC/SUM 59/2023 ) • 15 min read

3 cases cited (1 SG, 2 foreign)

Outcome

Application dismissed

The application is dismissed, whereby the Ruan set aside order is unconditional.

Source: [2024] SGHC(I) 15, Singapore International Commercial Court, decided 28 May 2024. Read directly from the judgment.

Key facts

Court	Singapore International Commercial Court
Decided	28 May 2024
Judge	Roger Giles
Charges / claim	Civil Procedure
Outcome	Application dismissed
Counsel	Allen & Gledhill LLP, Rajah & Tann Singapore LLP, Lim Wee Teck Darren, Prabu Devaraj s/o Raman, Soh Yu Xian Priscilla, Wong Pei Ting

Source: [2024] SGHC(I) 15, Singapore International Commercial Court, decided 28 May 2024 — eLitigation. Updated 25 June 2026.

Catchwords

Civil Procedure — Service Civil Procedure — Judgments and orders

Practice Areas

Civil Procedure

Judges (1)

Roger Giles Delivered

Counsel (6)

Allen & Gledhill LLP Firm Rajah & Tann Singapore LLP Firm Lim Wee Teck Darren Counsel Defendant Prabu Devaraj s/o Raman Counsel Plaintiff Soh Yu Xian Priscilla Counsel Defendant Wong Pei Ting Counsel Plaintiff

Parties (4)

DyStar Global Holdings (Singapore) Pte Ltd Defendant Kiri Industries Limited Plaintiff Senda International Capital Limited Defendant Fan Jing Non-Party

Case Significance

Kiri Industries Ltd v Senda International Capital Ltd and another (Fan Jing, non-party) [2024] SGHC(I) 15 was decided by the Singapore International Commercial Court on 28 May 2024, in Suit No 4 of 2017 (Summons No 59 of 2023), with judgment delivered by Roger Giles IJ following a hearing on 16 May 2024. The plaintiff was Kiri Industries Ltd, and the defendants were Senda International Capital Ltd and DyStar Global Holdings (Singapore) Pte Ltd. The judgment was consequential on the earlier decision in Kiri Industries Ltd v Senda International Capital Ltd [2024] SGHC(I) 7, delivered on 27 March 2024, and concerned an application made pursuant to a condition attached to an order then made permitting an application to vary or discharge it. Kiri had obtained an order for the examination of Ms Fan Jing and Mr Ruan Weixiang, respectively the director and former director of Senda International Capital Ltd, as to Senda's means to satisfy costs orders in proceedings between Kiri and Senda (the "EJD order"), together with leave to serve the EJD order out of the jurisdiction (the "service out order"). Ms Fan and Mr Ruan are both nationals of the People's Republic of China and resident in China. In SIC/SUM 59/2023, Senda and Ms Fan applied to set aside the EJD order and the service out order. The judgment held that the application should be dismissed, so that the order is unconditional. The plaintiff was represented by Allen & Gledhill LLP and the defendants by Rajah & Tann Singapore LLP.

Summary

In an application consequential on an earlier judgment, Kiri Industries Ltd had obtained an order for the examination of Ms Fan Jing and Mr Ruan Weixiang, a director and a former director of Senda International Capital Ltd, as to Senda's means to satisfy costs orders, together with an order for service out of the jurisdiction in China. The earlier judgment had set aside the service out order as it concerned Ms Fan but, by a condition attached to a related order, permitted an application to vary or discharge the order concerning Mr Ruan. The Singapore International Commercial Court held that Kiri had not provided a reason for one of the grounds not applying equally to Mr Ruan, and dismissed the application so that the order concerning Mr Ruan was unconditional.

What was Kiri Industries Ltd v Senda International Capital Ltd [2024] SGHC(I) 15 about?

Decided on 28 May 2024 by Roger Giles IJ in the Singapore International Commercial Court, the case was a consequential application concerning an order for the examination of Senda's director Fan Jing and former director Ruan Weixiang regarding Senda's means to satisfy costs orders.

What did the court decide in [2024] SGHC(I) 15?

The court, per Roger Giles IJ, dismissed the application by Senda and Ms Fan to vary or discharge the order, so that the examination of debtor (EJD) order made earlier became unconditional. The judgment was consequential on Kiri Industries Ltd v Senda International Capital Ltd [2024] SGHC(I) 7.